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Terms of Use
Last updated: November 28th, 2022
General Information. Acceptance of Terms
These terms of use are entered into by and between you and Axis Corp LTD, a limited company duly registered in accordance with the laws of England and Wales, having its registered address at: Suite 7057 128 Aldersgate Street, Barbican, London, England, EC1A 4AE (hereinafter “Axis”, “We” or “Us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Terms”), govern your access to and use of the Axis services, including any content, functionality, and services offered on or through it (hereinafter the “Services”), as well as this website, www.axis-marketplace.com, all subdomains thereof, and social media accounts and pages we operate (collectively, the “Website”), whether as a guest or a registered user. References herein to “Axis” shall also mean to include the Website, as the context requires. References herein to “You”, “Your”, or “Yours” shall refer to you as a guest and/or user of the Website and/or Services
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU REGISTER WITH, USE, OR ACCESS WEBSITE. BY REGISTERING WITH, USING, OR ACCESSING WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, WHICH ALSO INCLUDES OUR PRIVACY POLICY, FOUND AT PRIVACY, INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY IT.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE WEBSITE AND/OR SERVICES. REFERENCES HEREIN TO “USE” OR “ACCESS” SHALL INCLUDING DOWNLOADING AND/OR INSTALLING (IF APPLICABLE), REGISTERING WITH, USING, AND/OR ACCESSING WEBSITE, INCLUDING USING THE CONTENT, FEATURES, FUNCTIONALITY, AND/OR SERVICES.
Ability to Accept these Website Terms of Use
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
If Your Age is Under 13
If You are the parent of a child under 13 years of age, please also read this Section.
If You are under 13 years of age, You may not use this website unless your parents or your legal guardian have read all that is written here and told you it is OK to do so. If Your parents or legal guardian have not done that, please ask them to do so.
Even if Your parents or legal guardian have read and approved these Terms and Conditions, and Your use of the online services, they must also read and approve the Privacy Policy and You must not enter any personal information, such as Your name, address, telephone number or email until they approve that.
License Grant
Subject to these terms, Axis grants You a limited, non-exclusive, non-sublicense, and nontransferable license to: (a) register with, use, and access Website and/or Services on a computer, tablet, smartphone, mobile device, or any electronic device owned or otherwise controlled by You (“Device”) strictly in accordance with these Terms and the Privacy; and (b) access and use on such Device Website and/or Services made available in or otherwise accessible through Website, strictly in accordance with these Terms
You shall not: (a) copy Website, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Website; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Website or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Website and/or Axis, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Website and/or Services, or any content, features, or functionality of Website, to any third party for any reason; (f) use Website in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Axis reserves all rights not expressly granted in and to the Website and/or Services. If You download or print a copy of the Website for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website and/or Services or features that prevent or restrict use or copying of any content or enforce limitations on use of Services or the content of the Website therein.
Trademarks
The Axis name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Axis or its affiliates or licensors. You must not use such marks without the prior written permission of Axis. All other names, logos, product and service names, designs and slogans on Website are the trademarks of their respective owners.
Prohibited Usage
Part of your agreement with Axis is that you will NOT use the Website for any purpose that could be deemed unlawful or is prohibited by the terms, conditions, notices, and policies of Axis. You agree that all information provided by you is true. You may NOT use the Website in a manner, which could/may damage, disable, overburden, or impair any aspect of the Website or the network or networks connected to the website, or may interfere with any other party’s ability to use or enjoy the Website. Any unauthorized attempts to gain access to the website, or other individual accounts, or any computer systems or networks connected to any Axis Website, through any means, including hacking, password mining etc. is strictly prohibited. Further, You may not in any way attempt to obtain any materials or information not intentionally made public/available, through the Website. You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or other material that would violate any law or expose Axis to liability. Axis may delete, remove or destroy any such material at its sole discretion.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AXIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. AXIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE AND/OR SERVICES. AXIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AXIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL AXIS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF WEBSITE AND/OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WEBSITE AND/OR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH WEBSITE AND/OR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE AND/OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AXIS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT AXIS SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AXIS MAKES NO REPRESENTATIONS THAT WEBSITE AND/OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
Indemnification
You agree to defend, indemnify and hold harmless Axis, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to Website and/or Services; (ii) Your violation of any term of these Terms of Use and/or Privacy; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and Your use of Website and/or Services.
Botnets
Axis retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Axis reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Axis without restriction.
Jurisdiction and Venue
These Terms of Use shall be governed by the laws of England and Wales, without respect to its conflict of laws principles. Any claim or dispute between You and Axis that arises in whole or in part from Website and/or Services shall be decided exclusively by applicable court located in London, UK. You and Axis agree that any cause of action arising out of or related to Website and/or Services must commence immediately after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Severability
These Terms of Use, together with the Privacy Policy, shall constitute the entire agreement between you and Axis concerning Website and Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Axis failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction and Arbitration will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on Website.
Your continued use of Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.